A BILL to amend and reenact §22-15-8 of the Code of West Virginia,
1931, as amended, relating to allowing the disposal of drill
cuttings and associated drilling waste generated from well
sites in commercial solid waste facilities; if the drilling
waste is placed in a separate cell dedicated solely for those
wastes, permitting the disposal even if it results in the
facility going over its maximum monthly permitted limits; and
providing that the facility may not refuse municipal waste
until its monthly limit is reached.

Be it enacted by the Legislature of West Virginia:

That §22-15-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 15. SOLID WASTE MANAGEMENT ACT.

§22-15-8. Limit on the size of solid waste facilities; rulemaking.

(a) On and after October 1, 1991, it is unlawful to operate
any commercial solid waste facility that handles between ten
thousand and thirty thousand tons of solid waste per month, except
as provided in section nine of this article and sections
twenty-six, twenty-seven and twenty-eight, articles four and
four-a, chapter twenty-two-c of this code.

(b) Except as provided in section nine of this article, the
maximum quantity of solid waste which may lawfully be received or
disposed of at any commercial solid waste facility is thirty
thousand tons per month.

(c) The director shall, within the limits contained in this
article, place a limit on the amount of solid waste received or
disposed of per month in commercial solid waste facilities. The
director shall consider at a minimum the following criteria in
determining a commercial solid waste facility’s monthly tonnage
limit:

(1) The proximity and potential impact of the solid waste
facility upon groundwater, surface water and potable water;

(2) The projected life and design capacity of the solid waste
facility;

(3) The available air space, lined acreage, equipment type and
size, adequate personnel and wastewater treatment capabilities; and

(4) Other factors related to the environmentally safe and
efficient disposal of solid waste.

(d) Within the limits established in this article, the
director shall determine the amount of sewage sludge which may be
safely treated, stored, processed, composted, dumped or placed in
a solid waste facility.

(e) The director shall promulgate emergency rules, and propose
for legislative promulgation, legislative rules pursuant to the
provisions of article three, chapter twenty-nine-a of this code, to
effectuate the requirements of this section. When developing the
rules, the director shall consider at a minimum the potential
impact of the treatment, storage, processing, composting, dumping
or placing sewage sludge at a solid waste facility:

(1) On the groundwater, surface waters and potable waters in
the area;

(2) On the air quality in the area;

(3) On the projected life and design capacity of the solid
waste facility;

(4) On the available air space, lined acreage, equipment type
and size, personnel and wastewater treatment capabilities;

(5) The facility's ability to adequately develop markets and
market the product which results from the proper treatment of
sewage sludge; and

(6) Other factors related to the environmentally safe and
efficient treatment, storage, processing, composting, dumping or
placing of sewage sludge at a solid waste facility.

(f) Sewage sludge disposed of at a landfill must contain at
least twenty percent solid by weight. This requirement may be met
by adding or blending sand, sawdust, lime, leaves, soil or other
materials that have been approved by the director prior to
disposal. Alternative sewage sludge disposal methods can be
utilized upon obtaining written approval from the director. No
facility may accept for land filling in any month sewage sludge in
excess of twenty-five percent of the total tons of solid waste
accepted at the facility for land filling in the preceding month.

(g) Notwithstanding any other provision of this code to the
contrary, a commercial solid waste facility may lawfully receive
drill cuttings and associated drilling waste generated from
horizontal well sites above the monthly tonnage limits of that
commercial solid waste facility: Provided, That the drill cuttings
and associated drilling waste are placed in a separate cell
dedicated solely to the disposal of drilling waste. The secretary
may allow solid waste facilities that are actively constructing a
separate cell for drilling waste to accept drilling waste until
September 30, 2014, without counting it towards the permitted
monthly tonnage limits: Provided, That, that under no
circumstances may a solid waste facility exclude or refuse to take
municipal solid waste until it has reached its monthly permitted
tonnage limits.

NOTE: The purpose of this bill is to allow the disposal of
drill cuttings and associated drilling waste generated from well
sites in commercial solid waste facilities. The bill permits that
disposal even if it results in the facility going over its maximum
monthly permitted limits if the drilling waste is placed in a
separate cell dedicated solely for those wastes. The bill provides
that the facility may not refuse municipal waste until its monthly
limit is reached.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.